Kuwait Court of Cassation principle number 1213

The inclusion in a contract executed by the deceased of provisions indicating its immediate effect. Does not prevent the heir from challenging it on the ground that it conceals a bequest and proving his challenge by all means of proof. The reason therefor. The heir is deemed a third party. - 555 - Personal Status - The appellant's challenge to the two contracts of gift and acknowledgment of debt in dispute on the ground that they conceal a bequest, their request to refer the action for investigation to prove this, and the judgment's rejection of their challenge on the basis that the challenged contracts clearly indicate, in their wording and meaning, what they contain. Renders the judgment defective for inadequate reasoning and unsound inference, because it assumes the point to be proved and judges the evidence before investigating it.